Bail query

Shubham Bhardwaj (Advocate) 08 November 2021

Dear Sir,

You have not mentioned lot of relevant facts which were important to answer the query. But just to give you an idea, please note the following:-

I am assuming that the offense was non-cognizable as the police applies for arrest warrant from the court only when the offense is non-cognizable and the accused is not co-operating. So the answer is 'Yes'. Arrested person may apply for bail. But sucess of application would depend on lot of facts.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.

Arpit Tumbaria (Advocate at Uttarakhand High Court.) 08 November 2021

yes the person can apply bail before the High Court of its jurisdiction.

1 Like

Advocate Bhartesh goyal (advocate) 08 November 2021

Every accused person arrested by police in cognizable or non cognizable offence has right to apply for bail but it's court discretion to allow or not allow bail.

VIMAL KUMAR PANDEY (Lawyer) 08 November 2021

Yes after arrest in any case or situation bail should be priority.

minakshi bindhani 09 November 2021

As per the illustrated query!

"Bail is the rule jail is the exception" based on the principle an accused person has a right to apply for bail.

Section 70 of the criminal procedure code, 1973 deals with the form in which the warrant to arrest a person is to be issued by the Court and of its durational validity.

The validity and duration of the warrant of arrest are indefinite, till it is cancelled by the court which issued it, or until it is executed.

Section 71of the Cr.P.C. empowers the Court issuing the warrant to direct the officer who has to execute the warrant, to release that person from custody after security is taken as conditions as provided therein.

When the person against whom such warrant is issued for arrested he shall be made over with the warrant of arrest to the nearest police officer, who shall cause him to be taken before a magistrate within 24 hrs having jurisdiction in the case unless security is taken under section 71 of the code.

Hope it is useful!
Regards
Minakshi Bindhani